Texas 2023 - 88th Regular

Texas House Bill HB3677

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the creation of the criminal offense of prosecutorial misconduct.

Impact

The implementation of HB 3677 is expected to have significant implications for the conduct of state prosecutors and the integrity of the criminal justice process. By criminalizing prosecutorial misconduct, the bill aims to enhance accountability for prosecutors, potentially leading to greater transparency and fairness in trials. It seeks to deter misconduct that could undermine the judicial process, ensuring that defendants receive their right to a fair trial and preserving the overall integrity of the legal system in Texas.

Summary

House Bill 3677 aims to address prosecutorial misconduct by establishing it as a specific criminal offense under Texas law. This bill amends Chapter 39 of the Penal Code to include a definition and penalties for actions considered as misconduct by attorneys representing the state during criminal prosecutions. Notably, it delineates several misconduct acts such as making false statements, presenting false evidence, or coercing witnesses. Each of these offenses is classified with corresponding felony levels depending on the seriousness of the case being prosecuted at the time of the misconduct.

Sentiment

Discussions surrounding HB 3677 reveal a mixed sentiment among lawmakers and legal experts. Proponents argue that the bill is a necessary step toward safeguarding defendants' rights and preventing abuses of power within the justice system. They view it as a long-overdue measure to ensure that prosecutors remain accountable for their actions. Conversely, critics express concerns that the bill could lead to unintended consequences, such as over-criminalization of prosecutorial discretion, which they fear might hinder legal proceedings or discourage effective prosecution in some cases.

Contention

A key point of contention revolves around the balance between maintaining prosecutorial authority and safeguarding against misconduct. Supporters of the bill emphasize the need for stricter oversight of prosecutorial practices while critics fear that strict penalties for misconduct might inhibit a prosecutor's ability to pursue justice vigorously. The bill represents a significant shift in how prosecutorial conduct is viewed and regulated, highlighting the ongoing debate about accountability within the criminal justice system.

Texas Constitutional Statutes Affected

Penal Code

  • Chapter 39. Abuse Of Office
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB3247

Relating to creating the criminal offense of prosecutorial misconduct.

TX HB2539

Relating to creating the criminal offense of prosecutorial misconduct.

TX SB0318

Prosecutorial Misconduct Amendments

TX HB4133

Relating to investigation and prosecution of certain election offenses; creating a criminal offense; increasing criminal penalties.

TX SB1518

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX HB4968

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

TX HB709

Creates the State Commission on Prosecutorial Oversight and the Code of Prosecutorial Conduct

TX SB2139

Relating to criminal offenses related to mass violence; creating criminal offenses; changing the eligibility for community supervision; creating a grant program.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX SB2238

Relating to certain sexual offenses and certain other offenses involving conduct of a sexual nature, including the creation of the criminal offenses of sexual coercion, indecent assault, and possession or promotion of lewd visual material depicting a child, and to certain criminal acts committed in relation to those offenses.

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